Property offences

Question 1

Being found on property without reasonable excuse - elements

Answer 1

FOUND

WITHOUT REASONABLE EXCUSE

IN
or
ON

ANY BUILDING

Question 2

Being found on property without reasonable excuse (Enclosed yard or area)

Answer 2

FOUND

WITHOUT REASONABLE EXCUSE

IN

ANY ENCLOSED YARD OR OTHER SUCH AREA
enclosed yard, garden or area, appurtenant to a building
- the yard must belong to a building e.g., not a park

Question 3

Trespass after warning to leave - elements

+

Legal defences

Answer 3

TRESPASSES

ON ANY PLACE

AFTER BEING WARNED TO LEAVE THAT PLACE BY AN OCCUPIER OF THAT PLACE
must be the lawful occupier

NEGLECTS OR REFUSES TO DO SO

Legal Defences

• Their own protection
• The protection of somebody else
• An emergency involving their property or the property of some other person

Question 4

Trespass after previous warnings - elements

+

Legal defences

Answer 4

BEING A PERSON WHO HAS BEEN WARNED UNDER SECTION 4 TO STAY OFF ANY PLACE

WILFULLY TRESPASSES ON THAT PLACE

WITHIN TWO YEARS

Legal Defences

• Their own protection
• The protection of somebody else
• An emergency
• The occupier who gave the warning no longer occupies the place concerned

Question 5

When can a Trespass be issued

Answer 5

• Are likely to trespass
• Are trespassing
• Have trespassed
• Have been convicted of trespass

Question 6

Requirements of warning someone for trespassing

Answer 6

Warnings may be given orally or by notice in writing served personally or by registered post.